Pope v. City of Nashville
Supreme Court of Arkansas
Appeal from Howard Chancery Court; James D. Shaver, Chancellor; 1. The notice is jurisdictional and must be given as required by law. Here it did n3t so comply. 83 Ark. 344; 115 Id. 163; 113 Id. 566; 104 Id. 298;'Kirby & Castle’s-Digest, § 6826. To complete the two weeks another publication was necessary. 42 Ark. 93; 219 Fed. 103. 2. The petitions did not contain a majority in value of the real estate in the districts.
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Appeal from Howard Chancery Court; James D. Shaver, Chancellor; 1. The notice is jurisdictional and must be given as required by law. Here it did n3t so comply. 83 Ark. 344; 115 Id. 163; 113 Id. 566; 104 Id. 298;'Kirby & Castle’s-Digest, § 6826. To complete the two weeks another publication was necessary. 42 Ark. 93; 219 Fed. 103. 2. The petitions did not contain a majority in value of the real estate in the districts. Petitioners had the right to withdraw their names before the council acted. 213 111. 302; 216 Id. 205; 198 Id. 205; 28 Cyc. 163; 37 Id. 76; Elliott on Roads & Streets (2 Ed.),…
1Opinion of the CourtHart, J.
This case involves the validity of two separate improvement districts in the city of Nashville, Arkansas, upon two separate petitions, each signed by more than ten owners of real estate within the proposed district. The city council laid off two separate improvement districts in the city of Nashville, Arkansas. Each contained the same territory. One was for the construction of waterworks and the other for sewers. After the first ordinance was duly passed and published, a second petition for each district, purporting to have been signed by the majority in value of the real estate owners within…
2Cases cited5 opinions
- Littell v. Board of SupervisorsIllinois Supreme Court · 1902
- Voss v. ReyburnSupreme Court of Arkansas · 1912
- Waters v. WhitcombSupreme Court of Arkansas · 1913
- Echols v. TriceSupreme Court of Arkansas · 1917
- Jacobs v. City of ParisSupreme Court of Arkansas · 1917
3Cited by7 opinions
- Stewart-McGehee Construction Co. v. Brewster & Riley Feed Manufacturing Co.Supreme Court of Arkansas · 1926
- Hopper v. FaganSupreme Court of Arkansas · 1922
- Giese v. JonesSupreme Court of Arkansas · 1932
- Reed v. Paving Dist. 2 of Jefferson CountySupreme Court of Arkansas · 1926
- American State Bank, Charleston v. Street Imp. Dist. No. 3Supreme Court of Arkansas · 1939
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